\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 This is a legal agreement between you, the end user, and Digital Tool Works (
shall mean the machine readable (executable) software programs and associated files supplied to you in the EquationBuilder distribution package, whether distributed by disk or obtained from network archives.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 As supplied to you, the Software is not fully enabled. To fully enable the Software, you must run it and enter your license string into the Registration Panel.
\i By enabling the Software in this way, you agree to be bound by the terms of this Agreement.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 If your license string authorizes a Singe-User License, DTW grants to you a limited, non-exclusive license:\
To make copies of the Distribution from the distribution disk or other distribution media, and to give away such copies,
\i as long as they are copied directly from the Distribution without being branded with a Network License or supplied with a license string or modified in any other way.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 If your license string authorizes a Network License, DTW grants to you a limited, non-exclusive license:\
To make copies of the Distribution from the distribution disk or other distribution media, and to give away such copies,
\i as long as they are copied directly from the Distribution without being branded with a Network License or supplied with a license string or modified in any other way.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 This license is effective until terminated. This license will automatically be terminated without notice if you fail to comply with any term or condition of this Agreement. Upon any such termination, you must destroy the original and any copies of the Software and its Documentation. This remedy shall be in addition to any other remedies available to DTW.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 This Agreement is non-transferable. You may not assign your rights under this Agreement to a third party.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\i\fs28\li1760\fc0\cf0 You agree not to disclose your license string to anyone, or to use your license string to enable anyone else to use any copy of the Software.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 You agree not to copy the Documentation in any form or media, or to use the Documentation for any purpose other than to support your use of the Software.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 You agree not to translate, disassemble, decompile, or reverse-engineer the Software, in whole or in part, or otherwise reduce the Software to human understandable form, or disclose the human understandable form to any third party.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 You agree not to modify, rent, translate, adapt, lease or loan the Software, or create derivative works based upon the Software or the accompanying Documentation.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 You acknowledge that DTW retains title and ownership of the Software and the Documentation on the original and all copies, regardless of the form or media in or on which the original and other copies may exist.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 You acknowledge that the program code, structure and organization of the Software is the confidential copyrighted property of DTW and is a valuable trade secret of DTW. You agree to hold such trade secrets in confidence.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 This Agreement does not grant you any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect of the Software or the Documentation.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 DTW warrants to you that the distribution disk or other materials on which the Software is supplied will be free from defects in materials and workmanship under normal use for a period of 90 days from the date of receipt.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 DTW's entire liability and your sole and exclusive remedy shall be, at DTW's option, either (a) repair or replacement of the distribution disk or (b) refund of the license fee paid by you. You must return the Distribution to the location where you obtained it with a copy of your receipt to be eligible for warranty service.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 DTW does not and cannot warrant the performance or results you may obtain by using the Software or Documentation. The foregoing states the sole and exclusive remedies DTW will provide for any claim whether arising in contract, tort, or otherwise.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 No oral or written information or advice given by DTW, its distributor, agents, or employees shall create a warranty or increase the scope of this warranty, and you may not rely upon any such information or advice.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 NO OTHER WARRANTIES. With respect to the Software and the Documentation, DTW disclaims all other warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. This limited warranty gives you specific legal rights. You may have other rights which vary from state to state or province to province.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event will DTW be liable for any damages whatsoever (including but not limited to damages for any lost profits, lost monies, lost time, lost savings, business interruption, loss of data, data being rendered inaccurate, or other direct, special, incidental or consequential damages), regardless of the form of action, arising out of the use or inability to use this Software, even if DTW has been advised of the possibility of such damages, or for any claim by any party. Some states or provinces do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 Any claim that the foregoing limitation of liability failed of its essential purpose may be fully settled by DTW upon payment of a refund of the amount paid for the Distribution.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 This Agreement will be governed by the laws in force in the Commonwealth of Massachusetts, United States of America. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 You acknowledge that you have read this Agreement, understand it and that it is the complete and exclusive statement of your agreement with DTW which supersedes any prior agreement, oral or written between DTW and you. No variation of the terms of this Agreement will be enforceable against DTW unless DTW gives its express consent, in writing, signed by an officer of DTW.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 All disputes, disagreements or other claims between the parties, whether arising in contract, tort, or otherwise, shall be finally settled by binding arbitration in Boston, Massachusetts before a neutral arbitrator appointed by and acting pursuant to the Commercial Rules of the American Arbitration Association.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 You assure DTW that you will not knowingly, without prior authorization (if required) of the Office of Export Licensing, US Dept of Commerce, export or re-export (as defined in S379.1 (b)-(c) of the Export Administration Regulations and any amendments thereto) the Distribution in whole or in part.\
\pard\tx720\tx1440\tx2160\tx2880\tx3600\tx4320\tx5040\tx5760\tx6480\tx7200\f0\b\fs36\li120\fc0\cf0 Notice to Government End Users: Restricted Rights Legend\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 If the Distribution is acquired by or on behalf of a unit or agency of the United States Government, that unit or agency acknowledges that:\
The Distribution was developed at private expense, is existing computer software, and no part of the Distribution was developed with government funds.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 For Civilian agencies: The Software is licensed only with
Restricted Rights
and use, reproduction, or disclosure is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at 52.227-19 of the Federal Acquisitions Regulations.\
\pard\tx560\tx1120\tx1680\tx2240\tx2800\tx3360\tx3920\tx4480\tx5040\tx5600\f0\fs28\li1760\fc0\cf0 For units of the Department of Defense: Use, duplication, or disclosure of the Software by the Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013.\
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